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Friday saw the Supreme Court release twin decisions that will significantly advance the ability of the press in Canada to report on matters of public interest. With its decisions in Quan v. Cusson and Grant v. Torstar Corp., the SCC has created a new defence against defamation called a Defence of Responsible Communication on Matters of Public Importance, which is available to any publisher – newspapers and bloggers alike – who report on a matter of public interest and are reasonably diligent in attempting to verify any allegations contained in the report. Writing for a unanimous court, Chief Justice McLachlin concluded that “Although the right to free expression does not confer a licence to ruin reputation, when proper weight is given to the constitutional value of free expression on matters of public interest, the balance tips in favour of broadening the defences available to those who communicate facts it is in the public’s interest to know.” The Supreme Court’s decisions closely follow the arguments of CCLA in its interventions in both cases. Here are links to CCLA’s factums in Grant and Cusson.
